Kenneth Elmer Ypparila v. United States

PHILLIPS, Chief Judge.

Ypparila was charged by information with refusing to submit to induction in violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462(a). He waived trial by jury. On a trial to the court he was found guilty and sentenced and has appealed.

The facts are not in dispute. Ypparila was born October 2, 1927. He duly registered with Selective Service Board No. 26 at Belle Fourche, South Dakota. On September 24, 1948, the Local Board mailed him a classification questionnaire, which he filled out and returned. In answer to Series IX — Agricultural…